defect

Defect

Imperfection, flaw, or deficiency.

That which is subject to a defect is missing a requisite element and, therefore, is not legally binding. Defective Service of Process, for example, is service that does not comply with a procedural or jurisdictional requirement. A defective will is one that has not been properly drawn up, has been obtained by unlawful means, or does not comply with a particular law. In some cases, however, defects can be cured; for example, defective service of process can be cured by the service of an amended complaint.

In Product Liability, a defective product is one that cannot be used for the purposes intended or is made dangerous as a result of a flaw or imperfection. Such a defect might exist in the entire design of a product or in the production of a particular individual product. A latent defect is one that is not readily observable by the buyer of an item, whereas a patent defect is obvious or immediately apparent upon observation.

A fatal defect is one that, due to its serious nature, serves to nullify a contract.

defect

n. an imperfection, quite often so great that the machinery or written document cannot be used. A car that will not run or has faulty brakes has a defect, and so does a deed in which a party who signed the deed to give over property did not have title to the property. There are also minor defects, like scratches that only lessen value, but do not make an object useless. (See: defective, defective title)

defect

in the law of tort or delict, a defect exists if the safety of the product is not such as persons generally are entitled to expect. In terms of the Consumer Protection Act 1987, defect is further explained as involving an examination of all the circumstances, including: the manner in which, and purposes for which, the product has been marketed; its get-up; the use of any mark in relation to the product and any instructions for, or warnings with respect to, doing or refraining from doing anything with or in relation to the product; what might reasonably be expected to be done with or in relation to the product; and the time when the product was supplied by its producer to another. Even if a product is defective, that is not enough to establish liability, particularly in light of the defences available.

DEFECT. The want of something required by law.
2. It is a general rule that pleadings shall have these two requisites;
1. A matter sufficient in law. 2. That it be deduced and expressed according
to the forms of law. The want of either of these is a defect.
3. Defects in matters of substance cannot be cured, because it does not
appear that the plaintiff is entitled to recover; but when the defects are
in matter of form, they are cured by a verdict in favor of the party who
committed them. 3 Bouv. Inst. n. 3292; 2 Wash. 1; 1 Hen. & Munf. 153; 16
Pick. 128, 541; 1 Day, 315; 4 Conn, 190; 5 Conn. 416; 6 Conn. 176; 12 Conn.
455; 1 P. C. C. R. 76; 2 Green, 133; 4 Blackf. 107; 2 M'Lean, 35; Bac. Ab.
Verdict, X.

Howden said that because gene targeting to correct specific genetic defects typically requires an extended culture period beyond initial induced pluripotent stem cell generation, researchers have been interested to learn whether the process would increase the number of mutations in the cells.

In the mdx mouse, an animal model with a genetic defect identical to DMD, the company showed muscle tissue preservation on histopathology and a statistically significant increase in myofiber (muscle fibers) diameter in treated vs non-treated mice.

Using mice carrying the genetic defect that causes the disease in people, Boston researchers showed that cell membranes in the lungs, pancreas, and intestines--the organs most affected by cystic fibrosis in people--have abnormally low levels of a fatty acid called docosahexaenoic acid (DHA).

While no one has yet identified a specific genetic defect that causes prostate cancer, scientists have mapped three locations on chromosomes that probably harbor mutations predisposing a man to the malignancy.

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